Madras High Court
S.Amrutha vs The Commissioner on 5 January, 2023
C.M.P.No.21496 of 2022
and W.A.No. SR 126202 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
C.M.P.No.21496 of 2022
and W.A.No. SR 126202 of 2018
1.S.Amrutha
2.L.S.Lalitha
3.Ranjani Ravindranath .. Petitioners/
Appellants
Vs
1.The Commissioner,
Greater Chennai Corporation,
Chennai-600 003.
2.The State of Tamil Nadu,
rep. by the Chief Secretary,
Government of Tamil Nadu,
Fort St. George,
Chennai-600 003.
3.Deepa Jayakumar
4.Deepak Jayakumar .. Respondents/
Respondents
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C.M.P.No.21496 of 2022
and W.A.No. SR 126202 of 2018
Prayer: C.M.P.No.21496 of 2022 filed under Order IV Rule 9(4) of AS
Rules to condone the delay of 1457 days in representation of the Writ
Appeal SR 126202 of 2018.
Writ Appeal SR 126202 of 2018 filed under Clause 15 of the Letters
Patent against the order dated 12.10.2018 passed in W.P.No.33762 of
2017.
For the Petitioners/ : Mr.V.Prakash
Appellants Senior Counsel
for Mr.A.Arumuga Nainar
JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice)
C.M.P.No.21496 of 2022 has been filed to condone the huge
and unexplained delay of 1457 days in re-presenting the writ
appeal.
2. Mr.V.Prakash, learned Senior Counsel appearing on behalf
of the petitioners, submitted that the Covid-19 pandemic situation
prevented the petitioners from filing the appeal within time and even
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https://www.mhc.tn.gov.in/judis
C.M.P.No.21496 of 2022
and W.A.No. SR 126202 of 2018
after restoration of normalcy there was some delay, which is neither
willful nor wanton and, therefore, the delay may be condoned.
3. It is seen that the order under challenge has been passed
on 12.10.2018 and certified copy of the order was made ready on
17.10.2018. Even though the appeal papers were returned on
15.11.2018 to comply certain defects, the defects were not complied
with. The nation-wide lockdown started from March, 2020. Even
for the delay between November, 2018 to March, 2020 no justifiable
explanation has been given by the petitioners. Even though the time
till 31.3.2022 was excluded for the purpose of calculating limitation
by the Supreme Court, the delay thereafter till 10.10.2022 remains
unexplained.
4. We find that no acceptable and cogent reason has been
given by the petitioners in the affidavit filed in support of the
miscellaneous petition to condone the towering delay of 1457 days.
Moreover, condonation of such an inordinate delay by this court
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https://www.mhc.tn.gov.in/judis
C.M.P.No.21496 of 2022
and W.A.No. SR 126202 of 2018
without any sufficient cause would amount to substituting the period
of limitation stipulated by the Legislature.
For the foregoing reasons, the civil miscellaneous petition is
dismissed. Consequently, W.A.No.SR126202 of 2018 is rejected.
There will be no order as costs.
(T.R., ACJ.) (D.B.C., J.)
05.01.2023
Index : Yes/No
Neutral Citation : Yes/No
sasi
To
1.The Commissioner,
Greater Chennai Corporation,
Chennai-600 003.
2.The Chief Secretary,
State of Tamil Nadu,
Government of Tamil Nadu,
Fort St. George,
Chennai-600 003.
___________
https://www.mhc.tn.gov.in/judis
C.M.P.No.21496 of 2022
and W.A.No. SR 126202 of 2018
T.RAJA, ACJ.
AND
D.BHARATHA CHAKRAVARTHY, J.
(sasi)
C.M.P.No.21496 of 2022
in W.A.No. SR 126202 of 2018
05.01.2023
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https://www.mhc.tn.gov.in/judis
